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Boyfriend won't leave

Discussion in 'Civil Court, Procedure & Litigation' started by Curiosity22, Jun 11, 2012.

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  1. Curiosity22

    Curiosity22 Law Topic Starter New Member

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    I am living with my boyfriend and I have ended our relationship, only problem is that I asked him to leave my home and he won't He has lived with me for a year and he said that I will need to evict him.

    Do I actually have to evict him? Or can I just call the police and have them have him leave? If I have to evict him how long does this process actually take?

    Btw, it's my home I own it, if that helps any.

    Please help!
     
  2. Proserpina

    Proserpina Moderator

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    (This assumes you're in the US)

    Yes, you'll have to formally evict him per the laws in your (unnamed) state.

    It generally takes at least a month, once all is said and done.
     
  3. shrinkmaster

    shrinkmaster Well-Known Member

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    Yes you must evict him but first you need to give him a notice to vacate. Once that expires you can begin eviction
     
  4. Curiosity22

    Curiosity22 Law Topic Starter New Member

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    Shrinkmaster,

    I can give a day notice? Also, do you recommend the letter served?

    Thank you much!
     
  5. shrinkmaster

    shrinkmaster Well-Known Member

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    You give his notice to vacate in accordance to state law and I can tell you it wont be one day. Probably 30 day
     
  6. Proserpina

    Proserpina Moderator

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    No, no you can't.

    Of course it's really impossible to say much else since you still haven't told us where you're located.

    Again, expect this to take AT LEAST a month. Likely closer to 2.
     
  7. shrinkmaster

    shrinkmaster Well-Known Member

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    If he forces her to evict him I say 90 days minimum
     
  8. Proserpina

    Proserpina Moderator

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    Not for most places I know. The 3 day notice to quit starts the process - after that, she can start eviction proceedings and in most states you'll get your court date within 6 weeks (if not sooner).

    The docket has to be REALLY full for it to take 3 months minimum.
     
  9. shrinkmaster

    shrinkmaster Well-Known Member

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    Here is CA it goes this way

    . 30 or 60 day notice to vacate (This is not a nonpayment of rent issue as I read it) 60 Days if tenant has lived in dweling one year or more
    . If tenant fails to leave landlord can file unlawful detainer and serve tenant. court is in 4 to 6 weeks
    . If all goes well for landlord he gets eviction order. Tenant must leave but is not forced to until Marshalls pin note on their door. This can take a month or more depending on how busy marshalls are and how quick court gives them order
    . Once order is pinned to tenants door they have about 15 days to vacate before Marshalls toss them out

    Now that is here in CA but one could assume its at least similar in other states. I do agree until we know what state this is in we really cannot help much
     
  10. Proserpina

    Proserpina Moderator

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    WA, OR, ND, MN, PA, NJ - you're in court generally a little over four weeks after filing, if not sooner.

    So yeah.
     
  11. mightymoose

    mightymoose Moderator

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    It is possible to do it in less than a month since the owner resides in the residence... still depends on the state though.
     

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